DA's office stops using probation agency's drug tests

Updated 7:35 pm, Tuesday, August 28, 2012

Paul Becker, director of the Harris County probation department, was questioned about the reliability of the drug tests during a three-day hearing.

Paul Becker, director of the Harris County probation department, was questioned about the reliability of the drug tests during a three-day hearing.

Photo: Cody Duty

DA's office stops using probation agency's drug tests

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The Harris County District Attorney's Office will stop using results from drug tests administered by the county probation department in the wake of testimony from department employees that shoddy record-keeping, human error and lack of oversight may mean none of the 25,000 tests a month can be verified.

The decision echoed concerns voiced by defense attorneys and judges about the veracity of test results and mismanagement in the agency.

"In recent court testimony, senior adult probation department officials revealed previously undisclosed issues concerning the accuracy and reliability of urinalysis testing performed by and on behalf of their agency," District Attorney Pat Lykos said in a statement Tuesday. "This moratorium will remain in effect until I am assured of the accuracy of the department's test results."

Defense lawyers in Houston's criminal courthouse said they expect clients whose cases are complete to try to redeem themselves.

"This is going to open the floodgates for people to challenge the validity of their urine samples," said attorney Emily Detoto. "This is going to cause a lot of us to review a lot of our past cases."

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She said revelations about the probation department beg the question of how many people have been sent to prison based on shoddy work. "If people's lives are at stake, we want to depend on the reliability of the urinalysis," Detoto said.

The district attorney's announcement did not surprise Lisa Andrews, the attorney who investigated the department's procedures while preparing for a hearing in which prosecutors sought to use four positive drug tests to revoke probation for one of her clients.

She also subpoenaed thousands of emails and documents to show that the agency's drug test results could not be relied on in court.

"Given all the weight and enormity of all the evidence that came in at that hearing, they had no choice," Andrews said of the district attorney's decision. "Any objective person looking at the evidence in the hearing would be of the same opinion."

In one example of data entry errors, Andrews showed that more than 30 people who originally tested negative for drugs later had their results changed, because a technician incorrectly typed in identification numbers, changing a batch of results that went to probation officers and, ultimately, the judges overseeing the probation.

In at least one of those cases, a DWI probationer went to jail and lost his driver's license over the mistake. Richard Youst, 28, testified he was sentenced to 30 days in jail because of the error, which cost him his employment and his apartment.

After listening to testimony in the hearing, state District Judge Denise Collins not only refused to act on evidence presented by the department, she blasted the agency and called for the resignation of the chief, Paul Becker, and his three top deputies.The decision to fire Becker rests with Houston's 37 criminal court judges.

Other judges were more reserved Tuesday, saying they will review the transcript of the hearing and look at the exhibits Collins saw before deciding whether to force Becker's ouster.

State District Judge Belinda Hill, who oversees Houston's district courts, and County Court-at-Law Judge Jean Spradling Hughes, a co-chair of the judges probation committee, each said they were concerned about the allegations but are still investigating.

Dismissal expected

Andrews said she expects all of the judges to look at the record, deliberate and fire Becker.

"At the end of the day, don't they want to be able to rely on these results?" Andrews said. "To leave Paul Becker in that job is saying that you don't really care whether those results are accurate."

Defense attorneys in Houston's criminal courthouse were outraged, but not surprised. Experienced defense lawyers said they have long harbored concerns about the reliability of the tests.

"I'm not surprised by it," said attorney Skip Cornelius. "In more than 30 years as a defense attorney, I've never seen them successfully prove up that somebody had a 'dirty' test, when the lawyers put them to the test. I've personally seen every excuse they have."

Others said it was impossible for the probation department to accurately test 300,000 urine samples a year.

"There's no way for them to perform that many urinalyses and maintain any kind of quality control," said attorney Brett Podolsky.

"You go in there, it's like a cattle call with people waiting to pee in a cup."